The American Civil Liberties Union of Indiana has launched a class action against that state's board of law examiners, asserting that inquiries into the mental health of those seeking a law license violate federal disabilities law.
The ACLU filed the lawsuit on behalf of a woman licensed in Illinois who is seeking admission to the Indiana State Bar Association. Identified as "Jane Doe" in the action, the plaintiff seeks an injunction prohibiting the Indiana State Board of Law Examiners from asking certain questions about mental fitness. She also seeks a declaratory judgment that the questions on the application and the board's follow-up procedures violate the Americans with Disabilities Act.
The case mirrors actions in other states that have challenged certain questions regarding mental health on professional license applications. Similar challenges have resulted in the removal or modification of such questions in Maine, New Jersey and Rhode Island.
Full Article and Source:
Lawsuit Claims Indiana Law Examiners Violate the ADA
The ACLU filed the lawsuit on behalf of a woman licensed in Illinois who is seeking admission to the Indiana State Bar Association. Identified as "Jane Doe" in the action, the plaintiff seeks an injunction prohibiting the Indiana State Board of Law Examiners from asking certain questions about mental fitness. She also seeks a declaratory judgment that the questions on the application and the board's follow-up procedures violate the Americans with Disabilities Act.
The case mirrors actions in other states that have challenged certain questions regarding mental health on professional license applications. Similar challenges have resulted in the removal or modification of such questions in Maine, New Jersey and Rhode Island.
Full Article and Source:
Lawsuit Claims Indiana Law Examiners Violate the ADA
6 comments:
I am glad to see the ACLU active in legal issues.
They need to take a long, hard look at abusive guardianships / conservatorships as well.
The ACLU is taking on the bar? Well, that sould be interesting!
The woman is mad because the IN State Board of Law Examiners ask questions about mental fitness???
What's wrong with that for crying out loud?
The public must be protected. If the questions do that, then they're important.
The ACLU is active in legal issues, Anonymous 1, but I don' think in a good way.
What's wrong with asking prospective lawyers about their history of mental illness?
We don't want our lawyer to be bi-polar, for instance, that wouldn't be fair -- and in fact could be disastrous.
The ACLU has great potential, but I think they waste it many times on the wrong issues.
Since the Bar Examiners won't be able to question mental fitness from the get-go, they sure as hell better be looking for it after they license anyone who will become a perp!
We have enough psychopaths in the legal profession. Anything that keeps out a few more is a good thing.
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